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GENERAL TERMS AND CONDITIONS

Introduction

This contractual document shall govern the General Conditions of contracting the veterinary clinic management training course (hereinafter "Conditions") through the website. vmacademy.comowned by VMA VETERINARY MANAGEMENT ACADEMIA S.L. under the trademark of VMA (Veterinary Management Academy), hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • You have read, understand and comprehend the above.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the veterinary clinic management training course contracted by the USER is VMA VETERINARY MANAGEMENT ACADEMIA S.L., with registered office at C/ Virgen de Valbuena, 19 - 19005 Guadalajara (Guadalajara), NIF B01760248 and with customer/USER service telephone number +34 669895554.

On the other hand, the USER, registered on the website with a username and password, for which he/she has full responsibility of use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER. In some cases the USER will not coincide with the PUPIL, and will therefore act on behalf of the latter (for example: companies, parents, etc.).

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined and publicly exposed price to

through the website, of a specific training course and with access for up to three months after completion of the course.

Intellectual Property 

The USER is not permitted in any way to transfer, change and exchange the license rights and obligations under this contract, except that the form and content may be altered under the condition that the changes are prearranged in writing from the PROVIDER. However, any transfer of ownership from the PROVIDER to the USER is expressly excluded in this contract - or general conditions of sale.

Contracting procedure 

The USER, in order to access the services offered by the PROVIDER, must be over 16 years of age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Activation of services.
  3. Right of withdrawal.
  4. Online claims and dispute resolution.
  5. Force majeure.
  6. Competition.
  7. General information about the offer.
  8. Price and term of validity of the offer.
  9. Transportation costs.
  10. Payment methods, charges and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES 

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES 

The PROVIDER will not activate any service until it has verified that payment has been made.

As the order does not entail the physical delivery of any product, being the contracted services downloaded or activated directly from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to perform this download or activation.

Failure to execute the contract remotely

In the case of the provision of the online training course, it will be available from the moment the USER has paid for it and can be downloaded or activated according to the PROVIDER's conditions.

In the event that the contract cannot be executed because the contracted course is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.

The PROVIDER shall not assume any responsibility when the download or activation of the course does not take place, due to false, inaccurate or incomplete information provided by the USER.

The provision of the service shall be deemed to be completed at the moment the USER has downloaded or activated the training course.

3. RIGHT OF WITHDRAWAL 

Cancellation form: https://vmacademia.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days from the conclusion of the contract to exercise the right of withdrawal. If the PROVIDER has not complied with the duty of information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014 of March 27).

The right of withdrawal shall not apply in the following cases:

  1. When the USER is a legal entity that does not act outside of a business or professional activity.
  1. Once the training course has been fully executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the acknowledgment by them that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
  1. In the downloading or activation of the course whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
  1. In the provision of services tailored to the USER's specifications or clearly personalized.
  1. In the supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose or by e-mail to info@vmacademia.com, indicating the corresponding invoice or order number.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION 

Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

Postal: VMA VETERINARY MANAGEMENT ACADEMIA S.L., C/ Virgen de Valbuena,, 19 - 19005 Guadalajara (Guadalajara)

Phone: +34 669895554

E-mail: info@vmacademia.com

Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE 

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

6. COMPETENCY 

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

7. GENERAL INFORMATION ABOUT THE OFFER 

All sales made by the PROVIDER shall be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of VMA VETERINARY MANAGEMENT ACADEMIA S.L. or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Continuity, consistency and quality of service

The PROVIDER expressly agrees to provide all its resources in the delivery, availability and in the provision of services in general and in this document, undertakes to fulfill its obligation as a service provider to the best of its ability.

The PROVIDER undertakes to act with the utmost diligence and care as possible and to proceed to provide

a quality service in accordance with generally recognized practices: except in the hypothetical case that the training course is suspended, by virtue of special instructions required.

Consequently, the PROVIDER will be contractually obliged to offer access (24/24 hours) and weekly (7/7 days), and conditioned to be able to guarantee its services given the supply conditions (subsequent network performance).

The PROVIDER reserves the right to interrupt the training course through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason in connection with maintenance.

The PROVIDER, without affecting any of its rights and responsibilities, shall inform the USER, within a reasonable period of time, of the date on which it intends to carry out the maintenance.

The USER acknowledges that the training may not be available in the event that the USER is unable or incapable of accessing the Internet or this website. The PROVIDER shall not be liable for the USER's inability to access the training under these circumstances.

In particular, it is up to the USER to keep his own virus protection as well as the version of his browser up to date. The PROVIDER shall not be liable for any virus transmitted through its website.

Similarly, the PROVIDER disclaims any liability for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, the PROVIDER applies appropriate means to prevent illegal intrusions. The PROVIDER shall in no case be liable for any damages related thereto, such as loss of exploitation, loss of profit, loss of value, damages or expenses.

The PROVIDER undertakes to exercise with due diligence and care its offer, providing a quality service, in accordance with the normal practices of the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.

If the training set up by the USER is suspended following a decision by a competent authority, the PROVIDER will reimburse the USER or offer a credit valid for one year, equal to the amount of such training offer.

The Parties agree that the PROVIDER has the right to modify the services without prior notice.

After-sales services 

The PROVIDER undertakes to provide the USER with the necessary assistance with regard to the training acquired. The customer can contact the PROVIDER for any request related to the training at: info@vmacademia.com.

No prolonged use of the website 

The PROVIDER reserves the right to delete the information related to the USER, in case of prolonged non-use of these services, corresponding to a period longer than 40 days.

Customer obligations and liability 

The USER expressly accepts to have verified the compatibility between its demand and the offer of services and fully acknowledges the receipt of all necessary information and advice from the PROVIDER, so that the present agreement can enter into force with knowledge and binding certainty.

The USER undertakes to verify the identity of the STUDENT, if applicable, prior to his/her appointment to the PROVIDER's training.

The USER warrants to act within his/her sole responsibility if, as a result of accessing the training course, it is not carried out in accordance with what can be considered reasonable acts of use performed by the PUPIL, that

is in disposition of its access and password and that does not respect the general guide and instructions for the correct use, initially provided by the PROVIDER.

The USER, if applicable, shall inform the PUPIL about these terms and shall be responsible with respect to this matter.

The relevant parties to the contract also recognize that the PROVIDER has the capacity to modify with total transparency the provision of the service without the need to carry out any prior communication procedure, other than to inform the USER that the level of provision of services already provided is going to be adjusted.

The USER acknowledges being informed of the provisions of the regulations relating to safety (security or physical safety) and operational safety. The USER shall be solely responsible for the consequences of non-compliance with these regulations and these Terms.

8. PRICE AND TERM OF VALIDITY OF THE OFFER 

The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional and ancillary services to the service purchased.

The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: training courses, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will be maintained whether the service is available or not.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number +34 669895554 or via e-mail at the following address info@vmacademia.com.

9. TRANSPORTATION COSTS 

The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS 

The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:

Credit card

Safety measures 

The website uses generally accepted industry information security techniques such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the purpose of

in order to prevent unauthorized access to the data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS 

Basket (budget simulation)

Any training course from the catalog can be added to the shopping cart. In the cart, only the selected services, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization:

  1. - Verification of invoicing data.
  2. - Verification of the training course delivery method (download, activation...).
  3. - Selection of the card payment method.
  4. - Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming the completion of the order.

In case of disputes concerning the nature of the PROVIDER's services or the USER's use of the website, the information stored in the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between the two parties.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate download and/or activation date.

Service activation procedure (access to training)

The USER will receive his/her access data (username/password). Access to online training, granted by the PROVIDER, is strictly private. The transmission of access data (username/password) to a third party is strictly forbidden. The USER agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties whatever the form. If the USER is a company and if the student leaves the company, the USER agrees to deactivate his/her account or contact the PROVIDER to delete obsolete profiles, just as the USER expressly agrees to pay for any registration initiated by the designated Student.

The USER agrees to diligently follow the training. As part of the evaluation, in order to complete the training, the USER expressly agrees not to benefit from any help or assistance from any other person. Likewise, the PROVIDER asks each USER to commit to this fact prior to each assignment.

Training validation

The training is validated when the STUDENT has passed all the evaluations presented during the course. In this case, a diploma validating the knowledge acquired will be sent to the USER.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. MANAGEMENT OF CHANGE OF CALL, WARRANTIES AND GENERAL RETURNS

Call change policy

Participants may enroll a maximum of two times in the same program.

Participants may request a change of call and enroll in the next call by paying an administrative fee of 300€.

Requests for a change of call should be made under the following criteria:

Period of communication and payment of fees: within the first 21 days from the start date of the program call. Applications made after this date will not be eligible for change.

Communication channel: requests should be sent by e-mail to the following address (info@vmacademia.com)

Payment: the payment of the fees must be made and communicated within 21 days from the start date of the program.

Exceptions: requests for change of call for medical reasons or other justification including force majeure during the period of communication and payment (21 days from the start of the call of the program) will be exempt from payment of administrative fees of 300 € provided that the request is communicated in the communication period, sent to the email indicated in the previous point and accompanied by the corresponding documentation (medical, police, psychiatric reports, etc.). Once the application is received, the academic committee will decide whether the application is eligible.

In any case, the change of call will not be feasible from the 22nd day after the start date of the program call.

The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

  1. Contracts for the purchase and sale of products and contracts for the supply of products to be produced or manufactured are included in the scope of application of this title.
  1. The provisions of this title shall not apply to products acquired by judicial sale, to water or gas, when they are not packaged for sale in limited volume or specific quantities, and to electricity. Nor shall it apply to second-hand products acquired at administrative auctions which consumers and users may attend in person.

Article 116. Conformity of the products with the contract.

  1. In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:

         a. Conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.

         b. Are suitable for the uses to which products of the same type are ordinarily destined.

         c. Are suitable for any special use required by the consumer and user when he has made it known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.

         d. They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, public statements about the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not have influenced the decision to purchase the product.

  1. The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.
  1. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of shares.

The exercise of the actions contemplated in this title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects of the purchase-sale.

In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages resulting from the lack of conformity.

Article 118. Liability of the seller and rights of the consumer and user. 

The consumer and user has the right to the repair of the product, its replacement, price reduction or termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product. 

  1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or From the moment the consumer and user informs the seller of the option chosen, both parties will have to abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where the repair or replacement fails to bring the product into conformity with the contract.
  1. The form of remedy shall be considered disproportionate if it imposes unreasonable costs on the seller in comparison with the alternative, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the consumer and user.

In order to determine whether the costs are unreasonable, the costs for one form of remediation must also be significantly higher than the costs for the other form of remediation.

Article 120. Legal regime for the repair or replacement of the product. 

Repair and replacement shall conform to the following rules:

         a) They will be free of charge for the consumer and user. Such free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

         b) They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and their purpose for the consumer and user.

         c) The repair suspends the computation of the periods referred to in Article The suspension period will begin when the consumer and user makes the product available to the seller and will end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that motivated the repair, being presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

         d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.

         e) The substitution suspends the periods referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. The substitute product shall be subject, in any case, to article 123.1, second paragraph.

         f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided in this chapter.

         g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract. 

The price reduction and termination of the contract shall proceed, at the option of the consumer and user, when the latter could not demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.

NOTE according to art. 108.2: The USER is informed that he shall only be liable for the diminished value of the goods resulting from a manipulation of the goods other than that necessary to establish their nature, characteristics or functioning. In no case shall the USER be liable for the diminished value of the goods if the entrepreneur has not informed him of his right of withdrawal in accordance with article 97.1.i).

Article 122. Criteria for price reduction. 

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.

Article 123. Deadlines. 

  1. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.

In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

  1. Unless there is evidence to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever is later.
  1. The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.

Likewise, together with the repaired or replaced product, the seller shall deliver to the consumer or user documentary proof of delivery showing the date of delivery and, where appropriate, the repair carried out.

  1. The action to claim compliance with the provisions of Chapter II of this Title shall be barred three years after delivery of the product.
  1. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not entail the loss of the right to the corresponding remedy, the consumer and user being responsible, however, for the damages actually caused by the delay in communication.

In the absence of proof to the contrary, it shall be understood that the communication of the consumer and user has taken place within the established term.

Article 124. Action against the producer. 

When it is impossible for the consumer and user or it is an excessive burden for him to address the seller for the lack of conformity of the products with the contract, he may claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the producer's liability shall cease, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

The party liable to the consumer and user shall have a period of one year in which to take action against the party responsible for the lack of conformity. This period shall be calculated from the time when the remedy was completed.

14. APPLICABLE LAW AND JURISDICTION 

These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.

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